ExpensifyApproved! Tesla Challenge Official Rules

ExpensifyApproved! Tesla Challenge Official Rules

1. Eligibility

ExpensifyApproved! Tesla Challenge (the “Challenge”) is open only to individuals that are: i) a certified  ExpensifyApproved! Partner (“Certified ExpensifyApproved! Partner”); ii) a legal resident of the fifty (50) United States, the District of Columbia or a US Territory; and iii) of the age of majority in the jurisdiction in which they reside. There is no cost with becoming a certified ExpensifyApproved! Partner. See https://use.expensify.com/accountants and https://use.expensify.com/banks. Employees of Expensify, Inc. and its parent, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and members of their immediate family or household of each are not eligible. Void where prohibited by law. This Challenge is subject to all applicable federal, state and local laws and regulations.

2. Sponsor

Expensify, Inc., 548 Market Street, #61434, San Francisco, CA 94104.

 3. Timing

Challenge begins on October 25, 2021 at 12:00 a.m. PT and ends April 25, 2022 at 11:59 p.m. PT (“Challenge Entry Period”). The Challenge is governed by these Official Rules and is subject to all applicable federal, state and local laws.

 4. How to Enter

The goal of the Challenge is to be the Certified ExpensifyApproved! Partner that generates the most new Expensify credit card accounts during the Challenge Entry Period. Certified ExpensifyApproved! Partners will be able to assign an Expensify credit card to an individual employee. After the Expensify credit card is assigned, the Certified ExpensifyApproved! Partner (as the administrator for the account) can set a custom credit limit for the Expensify credit card. Once both actions are met the employee will receive a physical Expensify credit card and the Certified ExpensifyApproved! Partner will be credited for that new Expensify credit card. During the Challenge Entry Period the Sponsor may provide a leaderboard that shows the number of credits that select Certified ExpensifyApproved! Partners have or the Sponsor may contact select Certified ExpensifyApproved! Partners and advise them of their status. If such leaderboard or status is provided these may reflect the unverified totals.

 5. Winner Determination

On or about May 1, 2022 the Sponsor will determine which Certified ExpensifyApproved! Partner has assigned the most new Expensify credit cards during the Challenge Entry Period. If there is a tie between two or more Certified ExpensifyApproved! Partners for who assigned the most new Expensify credit cards, the winner will be determined based on the one Certified ExpensifyApproved! Partner who assigned the first Expensify credit card. The potential winner will be contacted using the contact details the Sponsor has on file as a Certified ExpensifyApproved! Partner for the individual and may be awarded the grand prize (“Grand Prize”) subject to verification of eligibility and compliance with the terms of these Official Rules. The potential winner will be notified on or about May 5, 2022. Failure by a potential winner to respond to any contact within five (5) days of notification will result in disqualification, and Sponsor will select an alternate potential winner in the same manner.

 6. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, DETERMINATION OF THE WINNER AND OTHER MATTERS RELATED TO THE CHALLENGE.

 7. Verification of Potential Winner

Potential winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted, or the potential winner notification or Affidavit is returned as undeliverable, (b) potential winner declines or cannot accept, receive or use the Grand Prize for any reason, (c) of noncompliance with these Official Rules or any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Challenge or receive the Grand Prize, or (e) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Challenge and an alternate potential winner may be determined using the same process as described in Section 5 above. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.

8. Grand Prize

One Grand Prize will be awarded. Grand Prize winner (the “Winner”) will receive a Tesla Model 3 – Standard Range. Sponsor will determine the exterior and interior color. Approximate retail value of Grand Prize is $41,490 (excluding any potential incentives and gas savings).

 Sponsor to determine final vehicle along with any included accessories and at its sole discretion. Vehicle will be shipped to Winner to an address in the Contiguous United States or a Tesla dealership nearest the Winner’s house. Winner is responsible for presenting a valid U.S. driver’s license, proof of automobile insurance, proof of vehicle registration. Winner is responsible for registration, title, insurance and any other costs and expenses not specified herein as being awarded. Except as specified herein as being awarded, Winner is solely responsible for all travel transportation costs for collecting Grand Prize, as well as any dealer prep, emissions inspection, vehicle maintenance, and any other costs incurred in using the Grand Prize. To the maximum extent permitted by law, Grand Prize is provided on an “as is” basis, without any warranty of any kind except the Grand Prize includes the standard vehicle limited warranties set forth in the vehicle’s owner’s guide. Grand Prize is non-transferable. Grand Prize may not be redeemed for cash except at Sponsor’s option. Sponsor reserves the right to substitute the Grand Prize of equal or greater value if the advertised Grand Prize becomes unavailable. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification) and is required to pay all federal and/or income taxes on the value of the Grand Prize. Grand Prize will be awarded only if the potential winner fully complies with these Official Rules.

9. Entry Conditions and Release

Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Challenge; (b) defend, indemnify, release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Challenge, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Grand Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that the Grand Prize is awarded as-is without warranty of any kind.

Entrant further agrees to expressly and forever waive all rights under Section 1542 of the Civil Code of California (“Section 1542”) (or any similar law applicable to your jurisdiction) which reads:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Entrants acknowledge that they have had an opportunity to review these Official Rules, and Sponsor’s privacy policies, and understand them. You acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Released Entities, and that this release will be binding upon an entrant’s and Winner’s heirs, executors, and administrators, and anyone claiming by or through an entrant or Winner.

 10. Publicity

Except where prohibited or restricted by law, Winner’s acceptance of the Grand Prize constitutes the Winner’s agreement and consent for Sponsor and any of its designees to use and/or publish Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Challenge or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

11. General Conditions

Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Challenge or claiming the Grand Prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Winner to accept the Grand Prize for any reason; (f) if the Grand Prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by Grand Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of Grand Prize or resulting from participating in this Challenge or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Challenge, or with any Website promoting the Challenge; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Challenge multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Challenge, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Challenge, including the entire Challenge, and/or modify the Challenge and/or award the Grand Prize from all eligible entries received as of the termination date.

12. Limitations of Liability

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Challenge; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Challenge; (d) technical or human error in the administration of the Challenge or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Challenge or receipt or use or misuse of the Grand Prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Challenge. No more than the stated number of each prize will be awarded.

13. Binding Arbitration

Any controversy or claim arising out of or relating to this Challenge shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CHALLENGE IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

BY PARTICIPATING IN THE CHALLENGE, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY GRAND PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

14. Governing Law & Jurisdiction

The Official Rules and the Challenge are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Challenge Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.

15. Challenge Results

To obtain details on the Grand Prize winner send a stamped, self-addressed envelope to: ExpensifyApproved! Tesla Challenge – Winner’s List c/o Expensify, 548 Market Street, #61434, San Francisco, CA 94104. Request must be made within 60 days of the end of the Challenge Entry Period. 

This Challenge is not sponsored, endorsed, or affiliated in any way with Tesla Inc., or its affiliates.